H1B Amendment weird situation

[curd_rice]

Hi ,

My friend is in a situation where his Current H1B petition is valid till Oct 2019 .

But after changing his project last year (Sept 2017) they filed for Amendment in Regular process and the Amendment is still in Process, couple of days ago his case was updated and received the RFE( RFE email/letter not yet received by employer) . 

The question he has is , lets say he responds to RFE , with the current trend of RFE and Denials , worst case if the Amendment gets Denied, can he continue on the Previous Petition , i mean will that still be valid till next year and can he apply for Extension next year or may be file an Amendment in case he changes his project before October 2019 .

He is just worried about the worst case and wanted to know  the options.

 

[siru]

2 minutes ago, curd_rice said:

Hi ,

My friend is in a situation where his Current H1B petition is valid till Oct 2019 .

But after changing his project last year (Sept 2017) they filed for Amendment in Regular process and the Amendment is still in Process, couple of days ago his case was updated and received the RFE( RFE email/letter not yet received by employer) . 

The question he has is , lets say he responds to RFE , with the current trend of RFE and Denials , worst case if the Amendment gets Denied, can he continue on the Previous Petition , i mean will that still be valid till next year and can he apply for Extension next year or may be file an Amendment in case he changes his project before October 2019 .

He is just worried about the worst case and wanted to know  the options.

 

even if his amendment is denied..his original h1 is still valid as long as he works in the same MSA as the h1 is filed.

[curd_rice]

2 minutes ago, siru said:

even if his amendment is denied..his original h1 is still valid as long as he works in the same MSA as the h1 is filed.

Thats the problem, since he is working on a new Client Location , he is not within the same MSA . 

[Chinna_123]

4 minutes ago, curd_rice said:

Hi ,

My friend is in a situation where his Current H1B petition is valid till Oct 2019 .

But after changing his project last year (Sept 2017) they filed for Amendment in Regular process and the Amendment is still in Process, couple of days ago his case was updated and received the RFE( RFE email/letter not yet received by employer) . 

The question he has is , lets say he responds to RFE , with the current trend of RFE and Denials , worst case if the Amendment gets Denied, can he continue on the Previous Petition , i mean will that still be valid till next year and can he apply for Extension next year or may be file an Amendment in case he changes his project before October 2019 .

He is just worried about the worst case and wanted to know  the options.

 

God forbid his h1 denial. Even if his h1b denies he can still be legal to go back and work for the initial h1 employer and the MSA mentioned in the LCA. But he cannot work on the project he is working now. Once he finds a new job he can file an amendment.

[Pumpuhaar]

Amendment deny lo rendu rakaalu untai...1st di only nee new location di deny cheyochu 2nd since you no longer work at previous client location he thinks that you do not have job with old petitioned client and can deny your H1 completely. it all depends on USCIS apicer.. be prepared for backup

[Chinna_123]

1 minute ago, curd_rice said:

Thats the problem, since he is working on a new Client Location , he is not within the same MSA . 

Then he needs to stop working and then look for a new job an file an amendment.

[former]

8 minutes ago, curd_rice said:

Hi ,

My friend is in a situation where his Current H1B petition is valid till Oct 2019 .

But after changing his project last year (Sept 2017) they filed for Amendment in Regular process and the Amendment is still in Process, couple of days ago his case was updated and received the RFE( RFE email/letter not yet received by employer) . 

The question he has is , lets say he responds to RFE , with the current trend of RFE and Denials , worst case if the Amendment gets Denied, can he continue on the Previous Petition , i mean will that still be valid till next year and can he apply for Extension next year or may be file an Amendment in case he changes his project before October 2019 .

He is just worried about the worst case and wanted to know  the options.

 

I guess, if amendment denied H1b alos denied because we applied the amendment on the h1b.

Ltt for experts...

[ameriprise]

15 minutes ago, curd_rice said:

Hi ,

My friend is in a situation where his Current H1B petition is valid till Oct 2019 .

But after changing his project last year (Sept 2017) they filed for Amendment in Regular process and the Amendment is still in Process, couple of days ago his case was updated and received the RFE( RFE email/letter not yet received by employer) . 

The question he has is , lets say he responds to RFE , with the current trend of RFE and Denials , worst case if the Amendment gets Denied, can he continue on the Previous Petition , i mean will that still be valid till next year and can he apply for Extension next year or may be file an Amendment in case he changes his project before October 2019 .

He is just worried about the worst case and wanted to know  the options.

 

 

Edited April 23, 2018 by ameriprise

[ameriprise]

6 minutes ago, former said:

I guess, if amendment denied H1b alos denied because we applied the amendment on the h1b.

Ltt for experts...

nope..Amendment denied ayihtey ..h1 enduku ayithadhi vayya...nuvvu ni dhimak ..you cant work at currrent location...you can go and work in the old location where you applied h1 before...or else look new project and work there...only current Amendment chesina location lo work cheyadhu..if its denied...anthey.kani H1 already oct 2019 varaku undhi...kabbatii no isues until that time.

[WHAT]

30 minutes ago, curd_rice said:

Hi ,

My friend is in a situation where his Current H1B petition is valid till Oct 2019 .

But after changing

[curd_rice]

Just now, WHAT said:

He doesn't have an account in this forum.

[curd_rice]

I know its illegal to do this , but lets say even if the Amendment gets denied , he can continue work at the Current Location with the old Petition as long as there is a Client Verification on Client Site . The reason i am saying is the changes of again working in the region of the previous MSA are very small since they have very few Clients in that area.

Also , even when he applies and gets a new job he has to file an Amendment and with the current process he will still have to go through the RFE process (for new petition) , if he is lucky to get his petition amended without any issues , that will be a great relief for him.

 

Moreover , as per the rule he has to join the new Client after the amendment is completed , but if he has to wait for the amendment result and join then he has to sit may be 2 months or more  before the Amendment gets cleared . 

 

Pour in your suggestions ...

[hotlantian]

I’m the live example of your friend situation. My situation

initial h1b valid till 05/31/2018 with clientA.

changed to client B filed amendment approved till 05/31/2018

filed extension to continue the employment at same location but received RFE. I quit this job and joined client C. Responded to RFE to withdraw the petition as I joined new client and filed amendment.

filed amendment with Client C requested to extend h1b for 3 more years. Received RFE to submit client letter and contract agreements.RFE response in process. 

 

What you have  to do is if your amendment is denied you need to look for new job and withdraw this amendment and file a new amendment.

[samaja_varagamana]

Arey curd rice id endi ra ayya 

U forgot avakai pickle 

[AlaElaAlaEla]

1 minute ago, samaja_varagamana said:

Arey curd rice id endi ra ayya 

U forgot avakai pickle 

mari ee id ni em antaru @SamajaAlluduShanmukh